Urgent Pls. Help H1 - Transfer.

[rajiv_ksharma]

Mine and my wife current H1 and H4 VISA are expiring July 16th 2003 i.e. Tomorrow (I-94 also has date of 16th July,2003) from the old Employer . New H1 was filed with New Employer in November ,2002 and we are still waiting for the Approval as
of Today . I started working for New Employer in February, 2003 .
Our I-485 was filed in April ,2003 with new employer using Labor substitution .

My question is if the H1 approval takes another 2-3 weeks, will we be out of status as our VISA will expire in next 1 days ? Or we are good since our H1 is filed long ago and also our I-485 is
pending ?

Also since H1 is pending can I continue to work with new Employer ? Or I will have to stop working untill I get the H1 approval or my EAD ?

Any help is really appreciated.

Thanks.

Rajiv.

 

[jaxen]

No, as long as H1 was filed (do you have a receipt?) before current expiry date or before joining new employer your and your spouse's status is preserved and you can continue your employment.
Moreover with I485 pending your legal status in US is adequately covered.